Phillip Chacon insisted on picking heads because he said the words, "In God We Trust" would help him win and keep his seat on the Espanola City Council.

But luck wasn't in Chacon's corner Thursday morning, as Michelle Martinez won the coin flip and became the newest member of the council.

"I truly believe in my heart this is how it was meant to be," said Martinez, a school councilor with a mental health background.

Here's how the candidates even got to this point. After the March 4 election, Chacon was declared the winner by two votes. Martinez requested a recount. City officials say there was a voting machine error and the recount revealed a tie vote, 167 votes each.

In order to break the tie, city officials requested a district judge facilitate a game of chance. The candidates chose a coin flip, and Martinez won.

"Justice has not been served," explained Chacon after the coin toss. "I would like to overthrow this entire election."

In fact, Chacon says he's going to appeal the entire election results. He has 30 days to do so.

Chacon was sworn in on March 7 and in the 20 days in office, he was charged with child abuse for allegedly chocking his teenage son over a bag of potato chips. Chacon has also filed several complaints against the city, including the police department. He claims police officers targeted him and violated his rights.

Meanwhile, Espanola city workers have now filed a request for a restraining order against Chacon to keep him away from Espanola City Hall. Workers say he created a hostile, unprofessional working environment, including getting involved in several physically fights.

"I think he's going to be at his most unpredictable now, if anytime," explained Joaquin Maestas, the president of the local workers' union. "We want to move to protect our employees as best we can."

ESPANOLA RESIDENTS VOTED. BUT IN THE END, IT ALL CAME DOWN TO CHANCE. KOAT ACTION 7 NEWS REPORTER ALANA GRIMSTAD EXPLAINS WHY AN ELECTION IN NORTHERN NEW MEXICO, WAS DETERMINED BY A COIN TOSS. IT CAME DOWN TO THIS -- A COIN FLIP. AND AFTER WEEKS OF ARGUMENTS AND RECOUNTS, ESPANOLA CITIZENS NOW KNOW MICHELLE MARTINEZ IS THEIR NEW CITY COUNCILOR. I truly believe in my heart this is how it was meant to be. BUT HERE'S HOW WE GOT TO THIS GAME OF CHANCE. AT FIRST, MARTINEZ'S OPPONENT PHIL CHACON WAS DECLARED THE WINNER BY TWO VOTES. MARTINEZ ASKED FOR A RECOUNT. TURNS OUT, THERE WAS A VOTING MACHINE ERROR AND THE TWO CANDIDATES ACTUALLY TIED. I believe the recount was done approprietly. AND THIS IS HOW A JUDGE BROKE THAT TIE. People of my city, I will not stop fighting for them. BUT CHACON, THE CANDIDATE WHO DID NOT WIN THE COIN TOSS, IS NOW THREATENING TO CHALLENGE THE ENTIRE ELECTION. Justice has not been served. HE CLAIMS BALLOTS ARE MISSING. I would like to overthrow this entire election. DURING THE LAST 20 DAYS WHEN CHACON WAS IN OFFICE, HE WAS ARRESTED FOR CHILD ABUSE FOR ALLEGEDLY CHOCKING HIS TEENAGE SON. AND HE'S FILED NUMEROUS COMPLAINTS AGAINST THE CITY, INCLUDING THE POLICE DEPARTMENT. We want to move to protect our employees as best we can. AND NOW, ESPANOLA CITY WORKERS HAVE FILED FOR A RESTRAINING ORDER AGAINST CHACON, SAYING HE'S CREATED A HOSTILE WORK ENVIRONMENT, EVEN GETTING INTO PHYSICAL FIGHTS. I think he's going to be at his most unpredictable now, if anytime. IN SF, AG KA7N. CHACON NOW HAS THIRTY DAYS TO APPEAL THE ELECTION RESULTS. MARTINEZ WAS SWORN- IN AS COUNCIL MEMBER